Legal Proceedings by Trustee. If any Event of Default has occurred and is continuing, the Trustee in its discretion may, and upon the written request of the Registered Owners of 25% or more in principal amount of the Bonds then Outstanding and receipt of indemnity to its sole satisfaction shall, in its own name;
(a) By mandamus, or other suit, action or proceeding at law or in equity, enforce all rights of the Registered Owners, including the right to require the Issuer or the Company to carry out any other agreements with, or for the benefit of, the Registered Owners;
(b) Bring suit upon the Bonds;
(c) By action or suit in equity require the Issuer to account as if it were the trustee of an express trust for the Registered Owners; and
(d) By action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the Registered Owners.
Legal Proceedings by Trustee. If any Event of Default has occurred and is continuing, the Trustee in its discretion may and, upon the written request of the Bank or the Owners of twenty-five percent (25%) in principal amount of the Bonds then Outstanding (subject to the consent of the Bank, as long as the Bank is not in default of its obligations under the Letter of Credit or a voluntary or involuntary case has not been commenced by the filing of a petition under the United States Bankruptcy Code or any other law relating to bankruptcy, insolvency, reorganization, winding-up or composition or adjustment of debts by or against the Bank) and receipt of indemnity to its satisfaction shall, in its own name:
A. By mandamus, other suit, action or proceeding at law or in equity, enforce all rights of the Bondholders, including the right to require the Authority to collect the amounts payable under the Loan Agreement and to require the Authority to carry out any other provisions of this Indenture for the benefit of the Bondholders and to perform its duties under the Act;
B. Bring suit upon the Bonds;
C. By action or suit in equity require the Authority to account as if it were the trustee of an express trust for the Bondholders; and
D. By action or suit in equity enjoin any acts or things that may be unlawful or in violation of the rights of the Bondholders.
Legal Proceedings by Trustee. If any Event of Default has occurred and is continuing, the Trustee in its discretion may, and upon the written request of the holders of not less than 25% in aggregate principal amount of all Bonds then Outstanding and receipt of indemnity and/or security to its satisfaction shall, in its own name:
(a) by mandamus, or other suit, action or proceeding at law or in equity, enforce all rights of the Bondholders;
(b) bring suit upon the Bonds; or
(c) by action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the Bondholders. No remedy conferred upon or reserved to the Trustee or to the Bondholders by the terms of this Indenture is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or to the Bondholders hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default or Event of Default shall impair any such right or power or shall be construed to be a waiver of any such default or Event of Default or acquiescence therein; and every such right and power may be exercised from time to time as often as may be deemed expedient. No waiver of any default or Event of Default hereunder, whether by the Trustee or by the Bondholders, shall extend to or shall affect any subsequent default or Event of Default or shall impair any rights or remedies consequent thereon.
Legal Proceedings by Trustee. If any Event of Default has occurred and is continuing, the Trustee in its discretion may, and upon the written request of the Credit Facility Issuer or holders of not less than 25% in principal amount of the Bonds then Outstanding (with the consent of the Credit Facility Issuer, provided such consent shall not be required where suit will be brought upon the Credit Facility, if any) and receipt of indemnity to its satisfaction shall, in its own name undertake the following actions:
(a) By mandamus, or other suit, action or proceeding at law or in equity, enforce all rights of the Bondholxxxx, xxcluding the right to require the Issuer to collect the amounts payable under the Agreement and to require the Issuer to carry out any other provisions of this Indenture for the benefit of the Bondholders and to perform its duties under the Act;
(b) Bring suit upon the Bonds, the Credit Facility, if any, and the Note;
(c) By action or suit in equity require the Issuer to account as if it were the trustee of an express trust for the Bondholders; and
(d) By action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the Bondholders.
Legal Proceedings by Trustee. If any Event of Default has occurred and is continuing, the Trustee in its discretion may, and upon the written request of the Owners of twenty-five per centum (25%) in aggregate principal amount of all Bonds then Outstanding and receipt of indemnity to its satisfaction shall, in its own name as Trustee:
(a) by mandamus, or other suit, action or proceeding at law or in equity, enforce all rights of the Owners of the Bonds, including the right to require the Issuer to enforce any rights under the Agreement and to require the Issuer to carry out any other provisions of this Indenture for the benefit of the Owners of the Bonds and to perform its duties under the Act; (b) bring suit upon the Bonds; (c) by action or suit in equity require the Issuer to account as if it were the trustee of an express trust for the Owners of the Bonds; or (d) by action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the Owners of the Bonds. No remedy conferred upon or reserved to the Trustee or to the Owners of the Bonds by the terms of this Indenture is intended to be exclusive of any other remedy, but each and every such remedy shall be cumulative and shall be in addition to any other remedy given to the Trustee or to the Owners of the Bonds hereunder or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default or Event of Default shall impair any such right or power or shall be construed to be a waiver of any such default or Event of Default or acquiescence therein; and every such right and power may be exercised from time to time as often as may be deemed expedient. No waiver of any default or Event of Default hereunder, whether by the Trustee or by the Owners of the Bonds, shall extend to or shall affect any subsequent default or Event of Default or shall impair any rights or remedies consequent thereon.
Legal Proceedings by Trustee. If any event of default has occurred and is continuing, the Trustee in its discretion may, and upon the written request of the holders of not less than 25% in aggregate principal amount of all Bonds then Outstanding and receipt of indemnity to its satisfaction shall, in its own name:
Legal Proceedings by Trustee. If any Event of Default has occurred and is continuing, the Trustee in its discretion may, and upon the written request of the Credit Facility Issuer or the Registered Owners of not less than 25% in aggregate principal amount of all Bonds then Outstanding and receipt of indemnity to its satisfaction shall, in its own name:
(i) By mandamus, or other suit, action or proceeding at law or in equity, enforce all rights of the Registered Owners hereunder;
(ii) Bring suit upon the Bonds and the Credit Facility (but only to the extent the Credit Facility Issuer shall have wrongfully dishonored drawings made in substantial conformity with the terms thereof); and
(iii) By action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the Registered Owners.
Legal Proceedings by Trustee. If any Event of Default has ------------ ---------------------------- occurred and is continuing, the Trustee in its discretion may, and upon the written request of the Owners of 25% in aggregate principal amount of the Bonds then Outstanding and receipt of indemnity to its satisfaction, shall, in its own name:
A. By mandamus, or other suit, action or proceeding at law or in equity, enforce all rights of the Bondholders, including the right to require the Issuer to enforce any rights under Note and the Agreement and to require the Issuer to carry out any other provisions of this Indenture for the benefit of the Bondholders and to perform its duties under the Act;
B. Bring suit upon the Bonds and the Note and by mandamus, or other suit, action or proceeding at law or in equity, enforce the Permit Agreements;
C. By action or suit in equity require the Issuer to account as if it were the trustee of an express trust for the Bondholders; and
D. By action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the Bondholders.
Legal Proceedings by Trustee. If any Event of Default has occurred and is continuing, the Trustee in its discretion may, and upon the written request of the Credit Facility Issuer or the Registered Owners of not less than 25% in aggregate principal amount of all Bonds then Outstanding and receipt of indemnity to its satisfaction shall, in its own name:
(a) By mandamus, or other suit, action or proceeding at law or in equity, enforce all rights of the Registered Owners hereunder;
(b) Bring suit upon the Bonds, the Credit Facility (but only to the extent the Credit Facility Issuer shall have wrongfully dishonored drawings made in strict conformity with the terms thereof) and the Note; and
(c) By action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the Registered Owners. If an Event of Default under SECTION 901(c) occurs and is continuing, the Trustee in its discretion may, and upon the written request of the owners of not less than 25% in aggregate principal amount of all Bonds then Outstanding and receipt of indemnity to its satisfaction shall, enforce each and every right granted to it or to the Issuer under the Loan Agreement or as a holder of the Note.
Legal Proceedings by Trustee. If any Event of Default has occurred and is continuing, the Trustee may, subject to the prior written consent of the Credit Facility Providers for the Outstanding Bonds and, at the written direction of such Credit Facility Providers or upon request of the Owners of twenty-five percent (25%) in aggregate principal amount of all Bonds so accelerated, subject to the prior written consent of the Credit Facility Providers for the Outstanding Bonds (in each case so long as the Credit Facility Provider shall not be in default of its payment obligations under the Credit Facility and no Credit Facility Event of Insolvency shall have occurred), and upon receipt of security and indemnity to its satisfaction (subject to the provisions of Section 9.02(c)) shall:
(a) By suit, action or proceeding at law or in equity, enforce all rights of the Bondowners;
(b) Bring suit upon the Bonds; and
(c) By action or suit in equity enjoin any acts or things which may be unlawful or in violation of the rights of the Owners of the Bonds.
